22 U.S.C. § 456 — Definitions

Page 299 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 456 1 See References in Text note below. may, while such proclamation is in effect, re- quire the owner, master, or person in command of any vessel, foreign or domestic, before depart- ing from the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that no alien seaman who arrived on such vessel shall remain in the United States for a longer period than that permitted under the regula- tions, as amended from time to time, issued pur- suant to section 168 1 of title 8. Notwithstanding the provisions of said section 168 1 of title 8, the President may issue such regulations with re- spect to the landing of such seamen as he deems necessary to insure their departure either on such vessel or another vessel at the expense of such owner, master, or person in command. (Nov. 4, 1939, ch. 2, § 10, 54 Stat. 9.) Editorial Notes REFERENCES IN TEXT Section 168 of title 8, referred to in subsec. (c), was re- pealed by act June 27, 1952, ch. 477, § 403(a)(13), 66 Stat. 279. See section 1286 of Title 8, Aliens and Nationality. CODIFICATION In subsec. (a), ‘‘section 967 of title 18’’ substituted for ‘‘section 1, title V, chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221; U.S.C., 1934 edition, title 18, sec. 31)’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which enacted Title 18, Crimes and Criminal Procedure. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of Homeland Security of authority vested in President by subsecs. (a) and (b) of this section, see sections 1(n) and 1(o) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President. § 451. Submarines and armed merchant vessels Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state will serve to maintain peace be- tween the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the secu- rity of the United States, and shall make procla- mation thereof, it shall thereafter be unlawful for any such submarine or armed merchant ves- sel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limi- tations as the President may prescribe. When- ever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall there- upon cease to apply, except as to offenses com- mitted prior to such revocation. (Nov. 4, 1939, ch. 2, § 11, 54 Stat. 9.) Executive Documents USE OF UNITED STATES PORTS AND TERRITORIAL WATERS BY SUBMARINES OF FOREIGN NATIONS By Proc. Nos. 2375, Nov. 4, 1939, 4 F.R. 4494, 54 Stat. 2672; 2400, Apr. 25, 1940, 5 F.R. 1570, 54 Stat. 2699; 2406, May 11, 1940, 5 F.R. 1690, 54 Stat. 2705; 2409, June 10, 1940, 5 F.R. 2192, 54 Stat. 2707; 2445, Nov. 15, 1940, 5 F.R. 4524, 54 Stat. 2672, submarines of France, Germany, Poland, United Kingdom, India, Australia, Canada, New Zea- land, Union of South Africa, Norway, Belgium, the Netherlands, Italy, and Greece were denied use of United States ports and territorial waters. § 452. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(12), 68 Stat. 861 Section, acts Nov. 4, 1939, ch. 2, § 12, 54 Stat. 10; Jan. 26, 1942, ch. 19, 56 Stat. 19, established the National Mu- nitions Control Board. See former section 1934 and sec- tion 2778 of this title. Subsec. (h) was subsequently repealed by act Aug. 30, 1954, ch. 1076, § 1(28), 68 Stat. 968. § 453. Regulations The President may, from time to time, pro- mulgate such rules and regulations, not incon- sistent with law, as may be necessary and proper to carry out any of the provisions of this sub- chapter; and he may exercise any power or au- thority conferred on him by this subchapter through such officer or officers, or agency or agencies, as he shall direct. (Nov. 4, 1939, ch. 2, § 13, 54 Stat. 11.) Executive Documents DELEGATION OF POWERS Power to make rules and regulations under this sub- chapter delegated to Secretary of State by Proc. No. 2374, promulgated Nov. 4, 1939, 4 F.R. 4493, 54 Stat. 2671. See proclamations preceding section 1 of Title 50, War and National Defense. § 454. Unlawful use of the American flag by ves- sel of foreign state (a) It shall be unlawful for any vessel belong- ing to or operating under the jurisdiction of any foreign state to use the flag of the United States thereon, or to make use of any distinctive signs or markings, indicating that the same is an American vessel. (b) Any vessel violating the provisions of sub- section (a) of this section shall be denied for a period of three months the right to enter the ports or territorial waters of the United States except in cases of force majeure. (Nov. 4, 1939, ch. 2, § 14, 54 Stat. 11.) § 455. General penalty provision In every case of the violation of any of the provisions of this subchapter or of any rule or regulation issued pursuant thereto where a spe- cific penalty is not provided in this subchapter, such violator or violators, upon conviction, shall be fined not more than $10,000, or impris- oned not more than two years, or both. (Nov. 4, 1939, ch. 2, § 15, 54 Stat. 11.) § 456. Definitions For the purposes of this subchapter— Page 300 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 457 (a) The term ‘‘United States’’, when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States, the Canal Zone, and the District of Columbia. (b) The term ‘‘person’’ includes a partnership, company, association, or corporation, as well as a natural person. (c) The term ‘‘vessel’’ means every description of watercraft and aircraft capable of being used as a means of transportation on, under, or over water. (d) The term ‘‘American vessel’’ means any vessel documented, and any aircraft registered or licensed, under the laws of the United States. (e) The term ‘‘state’’ shall include nation, gov- ernment, and country. (f) The term ‘‘citizen’’ shall include any indi- vidual owing allegiance to the United States, a partnership, company, or association composed in whole or in part of citizens of the United States, and any corporation organized and exist- ing under the laws of the United States as de- fined in subsection (a) of this section. (Nov. 4, 1939, ch. 2, § 16, 54 Stat. 12; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of this title. CODIFICATION Words ‘‘(including the Philippine Islands)’’ omitted from definition of ‘‘United States’’ in subsec. (a) pursu- ant to the authority of Proc. No. 2695, which granted independence to the Philippines under the provisions of section 1394 of this title, and which is set out as a note under section 1394. § 457. Appropriations There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this subchapter. (Nov. 4, 1939, ch. 2, § 18, 54 Stat. 12.) SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY § 461. Enforcement by courts; employment of land or naval forces The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any mili- tary expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this subchapter and sections 958 to 962 of title 18; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or re- sisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this subchapter and sections 958 to 962 of title 18, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the terri- tory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. (Mar. 4, 1909, ch. 321, § 14, 35 Stat. 1090.) Editorial Notes CODIFICATION This subchapter and sections 958 to 962 of title 18, re- ferred to in text, was in the original ‘‘this chapter’’, meaning chapter 2 of the act of Mar. 4, 1909, which had been classified to sections 461 to 464 of this title and sections 21 to 25, and 30 of former Title 18, Criminal Code and Criminal Procedure. ‘‘This subchapter’’ substituted in text for ‘‘sections 461 to 464 of this title’’. ‘‘Sections 958 to 962 of title 18’’ substituted in text for ‘‘sections 21 to 25, and 30 of title 18’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which en- acted Title 18, Crimes and Criminal Procedure. Section was formerly classified to section 26 of title 18 prior to the general revision and enactment of Title 18 by act June 25, 1948, ch. 645, § 1, 62 Stat. 683. PRIOR PROVISIONS Section was derived from R.S. § 5287 (act Apr. 20, 1818, ch. 88, § 8, 3 Stat. 449) which was amended by act Feb. 18, 1875, ch. 80, 18 Stat. 320, and was repealed by section 341 of the act of Mar. 4, 1909. § 462. Compelling foreign vessels to depart It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign ves- sel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart. (Mar. 4, 1909, ch. 321, § 15, 35 Stat. 1091; June 15, 1917, ch. 30, title V, § 10, 40 Stat. 223.) Editorial Notes CODIFICATION Section was formerly classified to section 27 of title 18 prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, § 1, 62 Stat. 683.